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Plant variety rights infringement: World’s largest kiwifruit marketer wins case in China

19 November 2025

Plant variety rights infringement: World’s largest kiwifruit marketer wins case in China

The Wuhan Intermediate People’s Court in China ruled in favour of Zespri, the world’s largest marketer of kiwifruit or kiwi, in the plant variety rights infringement case it filed against parties that planted and sold its Gold3 cultivar without authorization from the New Zealand-based company.

The defendants were found to have planted 260 hectares of Gold3 in China’s Hubei province and then sold the fruits via an online store.

Gold3 belongs to the Gold kiwifruit variety, one of three main varieties grown in New Zealand. It was developed between 2010 and 2012, and is more resistant to bacteria. Zespri, which is 100 percent owned by kiwi growers in New Zealand, markets the product as SunGold Kiwifruit.

Elena Szentiványi | director @ Henry Hughes Intellectual Property, Wellington

“It isn’t just a fruit. It’s the result of years of research and millions in investment by New Zealand growers and the government. Protecting such innovations is critical to sustaining global investment in agricultural processes,” said Elena Szentiványi, director at Henry Hughes Intellectual Property in Wellington.

“The Wuhan court’s decision in favour of Zespri sends a clear message: China is stepping up its IP enforcement game,” she added. “Under the Seed Law, this ruling signals a new era of accountability for infringers and confidence for rights holders.”

The court ordered the defendants to destroy the 260 hectares of Gold3 and to pay Rmb5.246 million (US$704) as compensation to Zespri. According to Szentivanyi, this is a wake-up call for infringers, warning them of the serious consequences of IP theft in China.

“This case is more than a win for Zespri,” Szentiványi noted. “It’s a win for innovation. Strong IP protection underpins technological advancement and consumer trust. Decisions like this will boost foreign investor confidence and ensure safer, higher-quality food products for Chinese consumers.”

- Espie Angelica A. de Leon


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